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Court chides counsel for ‘scurrilous allegation’ against newly-appointed judge
Court chides counsel for ‘scurrilous allegation’ against newly-appointed judge

Counsel for a former presidential adviser on strategy, charged under Malawi’s anti-corruption laws, has come in for a tongue-lashing over the argument he put up in a judicial review application. During the course of the corruption trial so far, the presiding magistrate, Patrick Chirwa (pictured), was appointed as a judge of the high court. Counsel for Chris Banda, the accused, wanted a different magistrate to take over the corruption trial, but the magistrate, now a judge, said he would continue hearing the matter to completion. Counsel suggested this was improper and that the magistrate, now a judge, was refusing to ‘let go’ of the matter as he had a ‘personal interest’ in the case. The high court said it was ‘deeply troubled’ by this suggestion and roundly criticised counsel for this ‘scurrilous allegation’.

Lesotho’s CJ fights back after apex court’s critical judgment
Lesotho’s CJ fights back after apex court’s critical judgment

The Chief Justice of Lesotho, Sakoane Sakoane, has reacted sharply to a judgment by the country’s appeal court that found he ought to have recused himself from presiding in a major treason and murder trial. The court found that the prosecution’s claim to have a reasonable apprehension of bias by the CJ was well founded, and ordered that another judge take over the trial. But in reaction, the CJ has questioned whether ‘foreign’ judges ought any longer to preside over cases heard in Lesotho. He has also raised questions over the legality of part of the appeal court’s order.

Amnesty International death penalty report: a time for judges to reflect
Amnesty International death penalty report: a time for judges to reflect

In prisons across Africa, many thousands of prisoners sit on death row, uncertain whether they will be allowed to live. But as the numbers of condemned prisoners climb, with an estimated 5 843 awaiting execution in prisons all over Africa, debate over the death penalty is also growing. The newest report from Amnesty International, released this week, shows some stark contrasts. While, for example, Botswana is often considered to be a country that respects human rights, it is the only state south of the Sahara to have carried out executions (three in 2021, the year considered by Amnesty’s latest report). And while Kenya and Malawi have seen vigorous judicial discussion about mandatory death sentences, in Nigeria at least 3 036 people are imprisoned under the death sentence, one of the highest numbers recorded for any nation, worldwide.

Lesotho CJ ‘wrong’ to punish lead counsel in high profile murder, treason case – appeal court
Lesotho CJ ‘wrong’ to punish lead counsel in high profile murder, treason case – appeal court

A new decision from Lesotho’s highest court has made some uncomfortable findings about the country’s Chief Justice, Sakoane Sakoane. Three judges from outside Lesotho, brought in to hear the matter to ensure there could be no allegations of partiality given those involved, found that the Director of Public Prosecutions was not unreasonable in her apprehension of bias on the part of the CJ. The judges also found he had wrongly ‘punished’ controversial advocate Shaun Abrahams, lead counsel in the trial over which the CJ was to preside, both by finding that he had acted improperly, and by imposing a punishment not prescribed by the law. The high-profile trial, involving charges of murder and treason, must now continue before another judge.

Judges recall when their lives were threatened during contentious legal challenge in Malawi
Judges recall when their lives were threatened during contentious legal challenge in Malawi

Two participants at a human rights training course for judges from 11 African countries, held in Cape Town mid-May, have first-hand experience of what making a bold human rights decision may sometimes demand. Judges Michael Tembo and Redson Kapindu were both on the bench, part of a five-judge panel in what they say was, without doubt, the most significant case in Malawi’s history. It was a case that left them physically shaken and traumatised, but all the wiser from the experience and more determined than ever to live up to the demands of their judicial oath of office. Pictured in their bulletproof vests are (left to right) Justice Dingiswayo Madise, Justice Ivy Kamanga, Justice Healey Potani, Justice Michael Tembo and Justice Redson Kapindu.

Another ‘No’ for Eswatini’s LGBTI community
Another ‘No’ for Eswatini’s LGBTI community

A new judgment from Eswatini’s high court effectively supports a decision by the registrar of companies who refused to register an association called Eswatini Sexual and Gender Minorities. Two judges of the three-court bench held that the registrar’s decision had been properly made. In a dissenting decision, the third judge approached the question very differently. He found that in terms of the law, the registrar of companies should have taken the decision whether to register the association, but that the ministry of commerce and industry made the decision instead. As this was a misuse of administrative power, the decision should be set aside and the registration of the association should be allowed. But there was a glimmer of light for Eswatini’s sexual minorities: despite its conclusion on the registration issue, the court’s majority wrote that members of the LGBTI community had ‘a right to life, liberty, privacy or dignity’ among other rights.

State of the judiciary: new report on Malawi, Namibia, South Africa
State of the judiciary: new report on Malawi, Namibia, South Africa

For many judges it will come as a relief to hear some good news for once, in the form of largely positive public perception about the judiciary and its role in society. The good news emerges from a just-published report on the state of the judiciary in Malawi, Namibia and South Africa. Every member of the bench in those three countries will be only too well aware of the short-comings of their own judicial system, exacerbated by the restrictions imposed by the Covid pandemic, among a number of other problems. But the three-part report by the Democratic Governance and Rights Unit of the University of Cape Town’s law school found generally positive views by court users about how judges in these jurisdictions are doing their work. Another key finding is that perceptions of corruption in the court are significantly lower in the closely-targeted court user surveys, than had been found in opinion surveys of the general public.

International Child Abduction
Key rulings have major implications for lawyers
Key rulings have major implications for lawyers

Two recent decisions from the courts in Zambia have serious implications for lawyers. In one, the appeal court rescued legal practitioners from a decision of the high court that found lawyers in private practice weren’t allowed to accept full-time employment. In the other, the appeal court had strong words for lawyers representing clients on trial for criminal offences: they should be sure that fee arrangements were recorded in writing and that there was genuine negotiation between the two sides over what would be charged.

Judge orders at least two years of state-funded therapy for 10-year-old raped by her uncle
Judge orders at least two years of state-funded therapy for 10-year-old raped by her uncle

A South African judge has ordered that a child, raped by a close family member, must be provided with state-funded counselling for at least two years to help her recover from the trauma of the sexual attacks. Further sessions may be added at the end of the two years, depending on whether the child needs more help at that stage. Despite an epidemic of child and adult rape in South Africa, such an order, made in this case as part of judgment on sentence, is extremely rare.